There are three main types of problems that make a product defective or dangerous. These include design defects, manufacturing defects, and marketing defects. Because multiple parties could be at fault for injuries, victims can seek damages from different parties that may be liable. In this blog, we discuss the different damages you may be able to recover in a product liability lawsuit. 

Compensatory Damages in Product Liability Claims

The main form of damages that victims can expect to receive from product liability claims is compensatory damages. Compensatory damages are designed to compensate victims so that they can return to their pre-injury conditions. Victims receive financial compensation related to the losses they suffered due to a defective or dangerous product. The two forms of compensatory damages are economic damages and non-economic damages.

Economic Damages in Product Liability Claims

Economic damages are also referred to as “special damages,” and they compensate victims for monetary losses. Courts typically calculate these damages through documentation of bills, expenses, and income statements. 

These damages don’t only cover past monetary losses — they also include future monetary losses the victim will experience due to the defective product. 

Medical Expenses

Economic damages cover all past and future medical expenses that directly resulted from the defective product. This can include treatment, surgeries, doctor’s visits, prescriptions, physical therapy, occupational therapy, and any other medical expense caused by the defective or dangerous product. 

Lost Wages

Victims can also recover compensation for the time they had to take away from work. Certain injuries may require individuals to recover away from work, especially if their work is physically demanding. 

Loss of Future Earnings

If an individual suffers from permanent physical, mental, or emotional injuries that keep them from earning as much money as they would have if they hadn’t experienced the injury, they may be able to recover damages compensating them for the loss of future earnings. Injuries can impact a person’s work performance or can keep them from working entirely. 

Additionally, an injury caused by a defective or dangerous product can negatively impact or ruin a person’s future career. Loss of future earnings damages compensates victims for the money they could have made if they hadn’t suffered from an injury. 

Other Costs

Economic damages also compensate victims for any other expenses that directly resulted from product-induced injuries. These may include:

• Repair costs for property damage
• Money to replace damaged property
• Long-term care
• Expenses needed to accommodate disabilities, like in-home ramps
• Any other expenses related to the injury

Economic Damages After Wrongful Death

If you lost a loved one due to a defective product, you may be able to receive economic compensation related to their death. You could recover damages for funeral and burial costs, loss of a loved one’s income, compensation for the decedent’s job benefits (such as healthcare), and losses related to tasks and services that were performed by the deceased (such as childcare and chores). 

Non-Economic Damages

Non-economic damages relate to the emotional and psychological pain a victim experiences because of a defective or dangerous product. Unlike economic damages, these damages aren’t related to monetary losses. These damages are especially important because economic damages are often paid directly to hospitals and medical professionals who treated the victim’s injuries. 

Pain and Suffering

Pain and suffering damages relate to the physical, mental, and emotional discomfort you experience. Pain and discomfort can result from the injury itself or the traumatic event. For example, someone may develop a mental illness, such as anxiety or depression, because they’re now faced with a physical disability, or they could develop a mental illness from the traumatic event itself.  

Loss of Consortium 

Spouses can seek loss of consortium damages for their partner’s physical or emotional pain and disabilities. Loss of consortium can mean a loss of love, companionship, protection, fertility, and enjoyment of sex. 

Punitive Damages

Punitive damages differ from compensatory damages because they’re intended to punish the defendant rather than compensate the victim. Courts may award punitive damages to punish the defendant for an especially heinous action or disregard for others’ safety. These damages are also used to dissuade others from engaging in similar activities.

Although punitive damages are a possibility in product liability cases, they’re incredibly rare. In product liability cases, a court and jury may rule for punitive damages if the product’s manufacturer was aware that the product was dangerous and failed to recall it. 

Contact a Product Liability Lawyer

If you suffered from injuries or lost a loved one due to a defective or dangerous product, you need to file a claim against the parties responsible. You can greatly increase your likelihood of winning your case or reaching a favorable settlement by hiring an Mississippi product liability attorney. 

For legal support you can count on in Louisiana and Mississippi, contact the product liability lawyers at Lunsford, Baskin, & Priebe, PLLC. We’ll help you prove your claim, and we’ll work to maximize the amount you’ll receive. For legal support in Mississippi, call our Jackson office at 601-983-2667, and for Louisiana, call our New Orleans office at 504-788-2994. You can also schedule a free case evaluation here.  

Louisiana indemnity benefits, also known as wage loss benefits, are provided to injured workers through their employer’s workers’ compensation insurance and can help cover the loss of income while the worker is recovering from their injury or illness. However, these benefits are only provided if the worker suffers from a work-related injury or illness. Furthermore, the benefits do not cover total lost wages but rather a portion based on the workers’ average income. 

Understanding how indemnity benefits work precisely and how to apply for them can be confusing. This is why it’s a good idea to work with an experienced Louisiana workers’ compensation attorney. It’s not uncommon for mistakes to be made when filing for indemnity benefits, resulting in a denied claim or reduced benefits. With an attorney assisting you, however, you can successfully file your claim and receive the full amount of benefits you deserve.  

What Indemnity Benefits Are Available in Louisiana?

When you file for workers’ compensation in Louisiana, you can receive two types of benefits, medical benefits, and indemnity benefits. The medical benefits are a bit simpler to understand, as they essentially cover any medical expenses related to workplace injury or illness. The indemnity benefits, however, can be a bit more complicated.

Indemnity benefits can vary greatly depending on the injured worker’s individual situation. The wage loss benefits a worker receives will depend on the extent of their injury, how long they are out of work, and the average weekly wage they were making before the workplace accident. 

To account for the various injuries a worker can sustain and the disability they suffer from as a result, Louisiana provides four different types of indemnity benefits:

• Temporary Total Disability Benefits (TTD): If you are unable to perform your typical work duties in any capacity but are expected to fully recover, you will be eligible to receive temporary total disability benefits. TTD benefits provide injured workers with ⅔ of their average weekly wages until their doctor approves their return to work.
• Permanent Total Disability Benefits (PTD): If your injury is so extensive that you are unable to work and will be permanently disabled for the rest of your life, you will be eligible to receive permanent total disability benefits. PTD benefits provide workers with ⅔ of their average weekly wages either as a lump sum or every week indefinitely. 
• Supplemental Earnings Benefits (SEB): If your injury allows you to perform some but not all of your work duties, you may be eligible to receive supplemental earning benefits. If you can work to earn at least 90% of what you were previously making, you can receive SEB benefits for up to 10 years. SEB benefits provide you with ⅔ of the difference between what you were earning before the accident and what you can earn once you return to work. 
• Permanent Partial Disability Benefits (PPD): If you suffer the loss of a limb or cannot use a certain part of your body but are still able to work in some capacity, you will be eligible to receive permanent partial disability benefits. PPD benefits provide workers with ⅔ of their average weekly wages contingent on the percentage of their determined disability. 

How Much Money Do Louisiana Indemnity Benefits Provide? 

Beyond the type of injury or disability determining the benefits a worker can receive, how much they get will also depend on the average income or wages they were receiving before the workplace accident that caused them to become ill or injured. 

In Louisiana, you will receive weekly indemnity benefits that are calculated by taking ⅔ of your average weekly wages from the four weeks prior to the accident and injury occurring. Many states, however, often have a cap on how much a worker can receive. The limit in Louisiana is based on the average weekly wage for the state, which changes every year. Workers can receive up to that average amount for up to 520 weeks, depending on which type of disability benefit they are eligible for. 

How Long Can I Receive Indemnity Benefits?

While 520 weeks is the average limit, not all workers will be eligible to receive indemnity benefits for that long. Again, each situation is unique and will be thoroughly evaluated by the workers’ compensation insurance company to determine how much a worker needs and for how long. 

One major factor in determining how long a worker will receive benefits is their recovery timeframe. In general, a worker is eligible to receive benefits until their doctor has given them the okay to return to work. However, this only applies if the worker was only temporarily disabled from their injury. 

Workers who are more permanently disabled may take years to recover or might never fully recover at all. In these cases, the injured worker could receive benefits for up to 10 years or indefinitely if they are eligible for PPD benefits. 

Common Indemnity Benefit Mistakes to Avoid

When filing for indemnity benefits, it is important to do so correctly the first time to avoid a denial or a delay of benefits. Generally, you want to report the incident to your employer as soon as possible, make sure the claim gets filed right away, and ensure that your wages are properly calculated. 

Failing to report the incident in a timely manner is one of the biggest mistakes you can make. There are statutes of limitations in most states that require claims to be filed in a certain amount of time in order for the worker to be eligible to recover benefits. In Louisiana, the time limit is 30 days. 

Improper wage calculations are also another mistake that can negatively affect your workers’ compensation claim. To ensure you get the full amount you deserve, you will need to make sure that your income is being correctly reported. 

In most cases, working with a workers’ compensation attorney from the start can ensure no mistakes are made. The sooner you get help and file your claim successfully, the sooner you can start receiving your benefits. 

An Experienced Louisiana Workers’ Compensation Attorney Can Help

Filing for indemnity benefits can be challenging, but it is not impossible. While there are common mistakes that can easily be made, working with an attorney can ensure these mistakes are avoided. 

Our team of experienced workers’ compensation attorneys is dedicated to helping our clients file their claims. With our help, you can rest assured you are in good hands and will get the full amount of benefits you deserve as quickly as possible. 

For help with a Louisiana workers’ compensation claim, contact the workers’ compensation lawyers at Lunsford, Baskin, & Priebe, PLLC for a free consultation- 504-788-2994.

If you or a loved one have experienced a permanent disability from a workplace injury, you need to know what to expect when it comes to disability benefits.

https://youtu.be/uUXPqr6ewNU

Estimating Eligibility for Permanent Disability Benefits

Victims of workplace injuries typically receive eligibility for permanent disability through a workers’ compensation doctor. When working with a doctor, the victim will reach a point known as “maximum medical improvement,” which is typically abbreviated to MMI. This means that person has reached the point in which they will no longer experience improvement from their injuries. After the doctor determines that the person has reached maximum medical improvement, they’ll then decide if the injuries have resulted in permanent restrictions or limitations. If the person does have issues with mobility or functionality, the doctor will then assign a percentage that indicates the victim’s disability in the affected area.

For example, if you injure your knee while on the job and reach maximum medical improvement, your doctor will assign you a percentage based on your knee’s limitations. Maybe you are no longer able to run, but you can jog. The doctor will take your limitations into account and assign the disability percentage based on what you can no longer do with the affected area. Your doctor may also assign a whole body impairment if your injury affects many parts of your body. Some of these affected areas include your back, neck, organs, internal systems, or head.

How Permanent Disability Benefits are Determined in Mississippi

Mississippi calculates permanent disability benefits based on whether the injury is a total or partial disability.

Total permanent disability means that the victim is unable to have substantial employment ever again because of their injuries. This categorization is usually reserved for the most serious cases of workplace injuries, such as blindness or loss of limbs. The recipient of total permanent disability typically receives the same amount they received with temporary total disability benefits, and they will receive those for the rest of their lives.

With permanent partial disability, the amount of benefits is based on whether it’s a scheduled body part or an unscheduled condition. For a scheduled body part, recipients receive compensation for an injured area of their body. For example, if you lose an eye on the job, you can still work, so you wouldn’t be eligible for total permanent disability, but you’d receive compensation. The amount of compensation is determined by the overall functionality and importance of the injured or lost body part, and the recipient receives payment every other week. The total duration of payment is determined by the doctor’s disability percentage.

An unscheduled condition is an ailment that affects the entirety of the body. Some unscheduled conditions include injuries to the spine, internal organs, or head. With unscheduled conditions, Mississippi uses a bifurcated approach to compensation, meaning that the benefits are based on the amount of money a worker made before they experienced their injury.

Lunsford, Baskin, & Priebe Are on Your Side

It can be challenging to receive the benefits you deserve for a permanent disability. That’s why we’re here to help you or your loved one receive compensation. If you have any questions regarding our services or the permanent disability benefits you’re entitled to, contact us today or call us at 601-488-3975! We also offer potential clients free consultations, so there’s no risk in contacting us for inquiries regarding your injuries.

Video Transcript:

If your treating physician assigns you an impairment rating or permanent restrictions, it entitles you to an award under the Mississippi workers’ compensation statute. It also allows us to negotiate a settlement on your behalf for loss of wage-earning capacity and possible future medical treatment. That is how you are compensated in the Mississippi workers’ compensation system. 

Injured workers have a valuable tool available to get the compensation they need when they are hurt on the job: workers’ compensation.

It’s not a good idea to simply file a claim and wait for the results, though. There are important steps you can take to maximize the compensation you deserve. If you want to avoid having your claim denied, follow these steps that will help your claim get recognized as valid and worth compensation.

Strategies for Maximizing Your Workers’ Compensation Settlement

How do you know how much you should settle for? What is your injury or workplace illness worth? How can you ensure that you get the full amount that you deserve?

Here are eight proven strategies to help maximize your settlement amount:

1. Visit your doctor ASAP.

Don’t hesitate to seek medical treatment. When you are injured, it is best to see your doctor as soon as possible. Not only does this help you document your injury from the very beginning, but it also helps you avoid accusations that the injury is “not that serious.”

Seeing a doctor right away means that you understood right away that you experienced a serious injury.

If your injury or illness developed over time, you should still go to a doctor as soon as you realize that there is a problem. This is a paper trail you want to create to strengthen your case.

Some workers may avoid seeking medical treatment out of fear of retaliation from their employer. It’s this line of thinking that can lead to a denied claim or a lesser settlement amount, so be sure to act immediately.

Check out our recent article about common mistakes that can destroy your workers’ compensation case.

2. Report the injury or illness to your employer.

Your employer will have a process for reporting workplace injuries and illnesses. It is important to follow every step they provide. You will need to report the injury in writing, rather than verbally.

A workers’ compensation claim form from your employer will trigger the investigation process. This form will be submitted to your employer’s insurance company.

3. Determine which disability rating applies to you.

Because workplace injuries often cause long-lasting effects, you may be unable to work for an extended period as you recover or adapt to your injuries. There are four main categories that workers’ comp disability can be divided into.

Temporary total disabilities prevent you from doing any work for a certain time.

Temporary partial disabilities prevent you from performing some, but not all, of your work-related duties for a certain time.

Permanent partial disabilities permanently prevent you from performing some work-related duties.

Permanent total disabilities prevent you from ever working again for any employer.

Permanent disabilities are scored based on severity, ranging from 5 to 100%. If you are permanently injured on the job, you may be eligible for lifetime wages that would replace what you would have earned.

4. Keep great records.

Even if you are not usually a diligent record-keeper, now is the time to become meticulous in your tracking. Every email, phone call, doctor’s appointment, medical test, medical bill, and form should be tracked and saved.

One of your best bets is to have as much available for anyone who comes in to help you. For example, if you hire a lawyer to help you get the most of your workers’ compensation claim, they will need to have access to a complete record of your injury and associated medical expenses.

The more you can track, the more you can get reimbursed. We recommend keeping receipts for more than just medical bills. You can also keep track of parking fees, prescription and over-the-counter medications, gas, and mileage.

5. Apply for disability benefits.

If you are eligible for weekly disability benefits, be sure to start the process of getting weekly payments. The amount of these payments is based on a percentage of your average wages, and some employers are faster to settle if they are currently paying out disability claims for you.

Apply for disability benefits here.

Don’t forget to make sure that your disability percentage is being fairly calculated. If you usually make tips, work overtime, do side jobs, or make more than your base wage, you may be eligible for a higher disability payout.

6. Research how to prepare for your IME.

Usually, employers want you to go to a doctor who understands the ins and outs of workers’ compensation. This appointment is called an Independent Medical Exam (IME).

We have written about how to prepare for this exam–both what to say and what NOT to say!

It’s important to remember that the insurance provider is going to be looking for reasons to dismiss your claim. To avoid giving them reasons, you need to stick to the specific facts of your injury. Be honest and don’t exaggerate!

7. Be careful when you talk to the insurance company.

Your employer’s insurance company is likely to request a recorded statement in which you explain, in great detail, how your injury occurred. They will use this information to find any inconsistent details or discrepancies because that can be used to lower your settlement or dismiss your claim.

You don’t necessarily have to provide them with this recorded statement if you don’t want to. When asked, you can simply tell them that you are going to speak with your attorney before recording any statement.

The Best Strategy: Find an Attorney Who Will Look Out for Your Best Interests

The best way to maximize your workers’ compensation claim is to work with an attorney who knows how to make the system work for you.

Lunsford, Basking & Priebe PLLC provides compassionate, comprehensive legal services to people who have been injured on the job. We are here to support you as you navigate the complicated experience of filing a workers’ comp claim.

Contact us today for a free consultation!

After you have been injured on the job and started receiving workers’ compensation, there will come a point where you will receive an impairment rating. This will not happen until you have completed any surgeries you may have needed, because it is supposed to gauge how impaired you will be as you move forward.

For example, it wouldn’t make sense for you to be classed as permanently and completely disabled just because you can’t move off the couch at this precise moment. After your hernia surgery or back surgery and subsequent recovery, everyone will have a much clearer picture of your actual level of impairment. You will have reached your level of maximum improvement.

Why is your impairment rating important?

The rating decides how much money you will receive within the confines of workers’ compensation.

How will your whole body impairment rating chart be calculated?

Several different things factor into your impairment rating. First of all, the doctor who has been treating you will determine that you have reached the point where your condition will not improve anymore. For example, if you have lost a limb to amputation, it will not be growing back. If you are permanently blinded in one eye, there will be no improvement.

The state of Mississippi defines this as:

Maximum medical improvement is reached at such time as the patient reaches the maximum benefit from medical treatment or is as far restored as the permanent character of his injuries will permit and/or the current limits of medical science will permit. Maximum medical improvement may be found even though the employee will require further treatment or care.

When your doctor determines that you have reached maximum medical improvement (MMI), he or she has 14 days to submit a form saying so (MWCC Form B9,27) to the workers’ compensation insurance payer.

It is possible that the Workers’ Compensation Commission may require you to have an independent medical examination (IME), which would be carried out by an approved doctor other than the one who has been treating you. This IME would include the following:

• Your previous history and medical care information
• Any diagnostic studies you have had
• An examination by the medical practitioner
• An evaluation

You (or your attorney) will receive a copy of this report, as will the Mississippi Workers’ Compensation Commission.

Your doctor will refer you to a physical therapist, who will then conduct a functional capacity evaluation (FCE). This will determine your ability to return to work. It used to only be a measure of physical limitations, but in recent years, cognitive ability has been included as well, depending on the demands of the job. The physical therapist will estimate an impairment rating, based on the examination and will send the results to your doctor, who will revise it if necessary and sign off on it.

The impairment rating is based on the American Medical Association’s Guides to Permanent Impairment. This measurement framework has been used by 40 states, the U.S. Department of Labor, and several countries for the past 50 years to support insurance and legal proceedings.

The Mississippi Workers’ Compensation Commission will offer its own impairment rating based on how your injury affects your ability to perform your job. This is called Loss of Industrial Use.

There are 4 categories of disability:

1. Temporary Total Disability (TTD): These benefits are paid when you are completely unable to work, but your disability is not expected to be permanent.
2. Temporary Partial Disability (TPD): These benefits are paid when you are able to return to work but with restrictions, so you are unable to perform the same job duties as before you were injured, at least for a time.
3. Permanent Partial Disability (PPD): These are benefits that are paid after you have reached maximum medical improvement. You have a disability, and it is permanent, but you are not totally disabled. This category is broken down further:

1. Scheduled: This involves loss of body parts, such as fingers, toes, arms, legs, etc… The value of this permanent disability is based on your

• Age
• Education level
• Training
• Work experience
• Transferable work skills
• Post-injury work history and earnings

Here is where the impairment rating comes in. Permanent impairment rating is multiplied by the number of weeks allowed for total loss of the scheduled member beginning at the date of your maximum medical improvement.

Here is the example given in the Mississippi Workers’ Compensation Claims Guide:

• The loss of a leg is worth 175 weeks under the Act.
• Assume a compensation rate of $400 and a 10% PPD rating to the leg.
• Benefits would be calculated as follows: 175 weeks x 10% = 17.5 weeks x compensation rate of $400 to be paid out biweekly.
• Recall, however, that the real issue is not just the impairment rating, and if this rating represents a 25% industrial loss of use of the scheduled member, the number of weeks payable would be 175 weeks x 25% or 43.75 weeks at the claimant’s compensation rate.

1. Unscheduled: This is also called Whole Body because it involves back, head, or heart type disabilities. The formula to use to calculate PPD benefits is

Average weekly wage multiplied by the percentage of loss of wage-earning capacity multiplied by 66 and ⅔% for 450 weeks. The following factors are taken into account, so the amount is not solely based on your impairment rating:

• Age
• Education level
• Training
• Work experience
• Transferable work skills
• Post-injury efforts to find a job
• Actual work history and earnings

Here is the example given in the Mississippi Workers’ Compensation Claims Guide:

• A person has a back injury and a 15% anatomical impairment rating
• Assume his pre-injury average weekly wage is $500
• If he has a 15% loss of wage-earning capacity consistent with the rating, the amount payable is calculated as follows: $500 times 15% ($75.00) times 2/3rds ($50.00) for 450 weeks.

1. Permanent Total Disability (PTD): PTD is payable when you are unable, because of your injury, to return to any reasonable employment for which you are trained by education, training or experience.

As you can see, your whole body impairment rating chart is a huge factor in the number of benefits you will receive from workers’ compensation. Although there are strict formulas, many of the results are at least partially subjective. It is an extremely complicated process that would be hard to understand at the best of times but is especially challenging when you are incapacitated or in pain. This is why retaining an experienced workers’ compensation attorney could benefit you financially.

Knowing what the law requires is one thing; standing up to the insurance carrier when they deny your claim or cut off your benefits prematurely is another. Our professional, dedicated team has years of experience practicing exclusively in the area of workers’ compensation law.

We’ll take on the task of making sure you get your impairment benefits promptly and fully paid, including appealing claim denials if necessary. For help with a Mississippi workers’ compensation claim, call the Jackson workers’ compensation lawyers at Lunsford, Baskin & Priebe PLLC in Jackson for a free consultation at 601-488-3975.